O MAR KHARMUDAI Vs. O PHOLSTIN KHARBULI

JUDGEMENT

(1.) ThisRevision petition under Order 6 of the Assam High Court (Jurisdiction over District Council Courts) under 1954 read with Article 227 of the Constitution of India arises from the judgment dated 5.2.97 passed by the learned Addl. Judge, Additional Subordinate District Council Court, Shilling in Title Civil Appeal No. 1 of 1996 affirming the judgment and order dated 113.11.95 passed by the Subordinate District Council Court, Shilling in Title Suit No. 12 of 1992. The facts of the case in a very short compass are as hereunder : The present respondents as plaintiffs filed a suit being Title Suit No. 12 of 1992 in the Court of the Subordinate District Council Court, Shillong as against the present petitioners as defendants for a declaration that the suit forest namely "Lumkseh Kynjeng" is the village forest of Umsiireng people and also for permanent injunction. According to the plaintiffs, the respondents herein, they have been authorised to file the said suit against the defendants for their illegal acts namely trespassing into the suit land, felling of trees and carrying of jhum cultivation since the month of December, 1991 without authority. It is also the case of the plaintiffs that the suit land was registered and confirmed by the Syiem of Mylliem and thereafter by the Chief Forest Officer, and that, the Khasi Hills District Council gave recognition and registration of the suit land in accordance with law.

(2.) According to the petitioners-defendants, suit land forest is one of the units (Kyntoit) of Nongtraw village which comprises of- (1) Bangk, (2) Wah Uriah, (3) Wah Nan, (4) Ka Pynthorsohma, (5) Umsarang, (6) Lumkseh Kynjeng, (7) Pdengshnong Nongtraw, and that, the defendants-the petitioners herein are all from Nongtraw village and the suit land-forest was the subject of dispute in a case being Civil Case No.l of 1971 and the Addl. Subordinate; District Council Court, Khyrim Syiemship decided the case in favour of Nongtraw village. It is also the case of the defendants that some of those people who authorised the plaintiffs to institute the suit are not the residents of Umsarang village and the registration and confirmation of the suit land by the Siyiem of Mylliem and the Chief Forest Officer are null and void and, that the suit-forest belongs to the village Nongtraw, which is possessed and utilised by the Syiem since time immemorial. The defendants also urged that the suit-forest is also the subject matter relating to territorial dispute between two Syiemships namely Mylliem and Khyrem.

(3.) On the basis of the pleadings of the parties, the learned Trial Court framed as many as 8 (eight) issues for just determination of the real points in controversy between the parties. These issues are quoted below: 1. Whether the suit is maintainable in its present form ? 2. Whether the plaintiffs have any locus standi to file the instant suit ? 3. Whether the plaintiffs have ause of action ? Whether the suit is bad for non-joinder and mis-joinder of necessary parties ? Whether the village Umsarang has got its village forest called "Lumkseh Kynjeng" within Nongtraw area ? If that is so, which Syiemship has jurisdiction over Nongtraw village ? Whether recognition and confirmation by the Syiem of Mylliem and the District Council is valid and legal ? Who are the owners in possessixm of the suit land ? Reliefs." The plaintiffs-respondents herein examined 6 (six) witnesses and the defendants-petitioners herein examined 3 (three) witnesses. After hearing the parties, the learned Trial Court decreed the suit by declaring that the suit land is the village forest of Umsarang village within Mylliem Syiemship and restraining the defendants or any persons under them from entering into the suit land and also from doing anything in the suit land.